Ajay Kumar Yadav vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 4707 Raj

[2023/RJJD/015355]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7075/2018

Ajay Kumar Yadav S/o Shriram Yadav, R/o Village And Post Shimla, District Jhunjhunu Raj..

----Petitioner Versus

1. The State Of Rajasthan Through The Secretary, Panchayat Raj Department, Secretariat, Jaipur Rajasthan.

2. The Director Elementary Education, Rajasthan Bikaner Rajasthan.

3. The District Education Officer Elementary, Jalore Raj..

                                                                    ----Respondents


For Petitioner(s)            :     None present
For Respondent(s)            :     Mr. Deepak Chandak for Mr. Pankaj
                                   Sharma, AAG



                        JUSTICE DINESH MEHTA

                                        Order

16/05/2023

1. Nobody appears on behalf of the petitioner.

2. Nobody appeared on 11.03.2019 and 06.12.2022 either.

3. The Court therefore proceeded to examine the case on its

merit.

4. Mr. Deepak Chandak, learned counsel appearing for the

respondent-State at the outset submitted that the petitioner was

ineligible for the post of Patwari, as he had experience of 4 years,

11 months and 28 days, as against the required experience of 5

years. He submitted that as of today, no post is lying vacant,

hence, no interference can be made by this Court.

5. In support of his contention, learned counsel relied upon the

judgment dated 19.07.2016, passed by the Division Bench in the

[2023/RJJD/015355] (2 of 2) [CW-7075/2018]

case of Ashwani Kumar Vyas & Anr. Vs. State of Raj. & Ors. : D.B.

Special Appeal (Writ) No.595/2014.

6. Heard and perused the record.

7. Admittedly, the petitioner is 3 days short of requisite

experience. The rules and terms of the advertisement relating to

eligibility are required to be strictly adhered to. Relaxation even

for 1 day cannot be granted. That apart, since no post is unfilled/

vacant, even if thought appropriate, no relief/indulgence can be

granted in petitioner's favour.

8. The writ petition having no force is hereby dismissed.

9. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 12-Ramesh/-

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